Telegram-herald., 1887-03-10
closed "a srg1als1s AIS lusiss osfere1 ;
--arsz1 t1e ar a. ioli0ss
J1axs ssssras Chsrss

J13Es -sssr@s thsrss-
fsesfisusa Il fhe slrs Ia tais eaass t1s
Pls.atif sii-ess tDs4 sac eassrel lat1
us1guzt engagement 81 uafnazs at1 t1s
DESCENDANT sssrsig 8e 1aasft % a2e gFom
issd ~ usrrF hsr lhzt tls l4aas SCI -
original cs5atrset sas s1s -5s1 sf AoFsss-
bsT - o. Il shat shogld F1ose lacsa Fen-
isnt agf her tAs8 a usontA afsE sal d <ks
8<stp0osd b. her t9f thai ls4son tEAi fts
plaintiff al any rate nAd Cd. asieDaa8i
consent - thsL sstponemen1 nat s1e a.
terw ar,is axesa upOa the 3ist 9f Uscenl 9ef
for shs marriage. sa1 that n8t proving
-sEslactoFy d4le - the deteadsnt. sas
b ksd tie I4fa 0f January. 80 4nd tbs
also not proving satisfactory % lie defend
AIT - perform hLs promise a. yarioUs SIC
cseliAg dales Ia that year. thai hs put her
OF from una 10 time AMI analiy without
any iegal excuse reputlstsd bis pr0nise
An1 40snd0asd her. The csisadant on The
OtneF hand admitting that be entered into
the sns s2gement 70 marry the plainfid on
the 18Th Of November l,o8 denies that
there vas any alternative agreement -
marry ia December. lie alleges that tie
marriage Vas not In any event 10 take
place shile his daughter Fanny should
remsin al home. And be cl4iuls thA. bis
subseI uent assent % the cOntinlAncs OF the
eagagea.eat vas upon the understanding
depend upon the condition Of his OEn
domestic sffsirs. that this condition Of
Affairs Al bis Own home rendered the mar
rage Imprscticable until . tune when ne
believed that the purpose of the plsintid
and her family and friends became hostile
- him and that they sought his coming 10
the plaintiff as a means Of getting him With d.
IN the reach OF the process Of the New
YORK courts
-. - Fl
health he was unable 10 marry the plaintiff,
anu that such marriage In 1885 would have
been dangerous 10 his health aad undesira
bic 10 both parties. And he further insists
that a. DO time when be could DC regarded
s. ia default for not marrying the plaintiff
did she have any affection for him, aud that
she was al that time actuated solely by a
desire TO reach and obtain a share OF his
property through 4 marriage or otherwise.
Before proceeding 10 point 0ut 10 you tue
issues upon which you must pass. / must
cali your attention 10 some preliminary con
sideratiOns important 10 be observed. You
must be extremely careful not 70 aliO. any
extFaneous influence % reach anu warp your
judgments. The case Is one Of character
quite liable 10 excite public interest and
curiosity, and people are quite likely 10 take
sides upon L. You may have seen, una-
yoiiably. such indications. IL IS your duty
% utterly disregard and refuse % entertain
impressions derived from such indications,
If there have been such. You alone are re-
sponsiole for the verdict you render and il
must BE- the result Ct your own dispassi0n-
ate iudym exercised under sense OF
that responsibility upon the tes,imOns in the
case under such directions a. % the law as
the court shall give you. And this applsS
in a modified degree 20 the arguments OF
counsel. lt rs their right aud duty 70 de-
veloo the fac.s in argument as strongly as
they eau in a light and under cOl0rs as
favorable 20 their clients Cause a. any hon.
est presentation will bear. IL assists the
Jury materially il IL recalls the testimony
and 81 sgests 10 their minds new views and
.nfereuces for their consideration, bat you
must 5e careful about accepting their con-
clusions until by your own examination Of
the testimony you find them 10 be based on
substantial and satisfactory grounds. In
this regard your- duty IS similar - that OF
the court IN dealing with ths counssls re-
quests to charge. The court has first TO
form its opinions OF the several requests as
separately presented. Ii they are deemed
cO-rect, they are given to the jury, not
generally. nor a. | prefer. in sequestrated
paragraphs. bat in substance embodied in
their proper relation to the whole csse. IL
Is your duiy to accomplish the night results
in the case aided by such light as counsel
can throw upon the case, bat yOa must be
sure that you see with your own eyes. y
being conceded that there vas a contract -
marry, the first essential question for the
jury TO determine is. what that contract
was Was il aosnlu'e1 or was il attended
by conditions and If there were conditions.
what were they On this suhjec, IL an
pears to the court that an important ia
quify which the jury should make IS
whether - the agreement OF the parties
toe marriage N the iir.t place was not 10 oc-
cur until Fannie was Ous Of the way,
and II so whether also by the IN
derstanding Of both parties . the same cf
feet. the same coudItion VAS renewed alter
her return to her fathers house subse
quent 10 her marriace. Bscl1se II this un-
dsrstanCing did exisr the drienisnt VS.
not in fasit while that CON iitioa stoOl I
in the way. and the plGisiiit was in the
wrong If In disregard of a condition which
she bad asssnted u. S0s pressed f0r a mar
riage and on a. eoIat Of The defendants re-
iusal she changed her attitu ie fo one of an
adversary character toward him and treated
hiE in such menuer as plainly 10 IN iici .
thar she no longer posses e,se1 that alice
tioc for him VIII h ~ the essential consider.
aticn ~ nl1rria-s and wi. ngut which ir -
sn iasulserablc our,isn. intsei. he exist
ence of mutual affection is q rrims c1asll-
Grafton of the sgseems1t so marry ani e
the plaintiff in luis Ca>s IA de false prof, ,s-
sion OF love 10 tue defendant for ne pur-
pose of euioyi1g his rrJfe-iv through a
msrriaCe with him and tae defendant re-
lied upon such Professions iu entering up N
ths agreement. the plaintiff shOuli no- re-
cover. The iav would not .sec,i)n snch q
merely meTrenary uruItct On the other
hand Il the parties did not by their rsc-
fOsnt treat farnie's presen-e in the to1ss
~ 81 imr. 1ims nt - the Hsar.ia1e. 0f an
absolute character but rather IS some u z
only iesifahie 90 avoided ard the i'sia-
tf Tfe.dsi .hlt point if wouf aot urnis1
IN excuse 20 fhe f'sisnia r. You are q 20
tsrmine hoE t5e parties dei RI aTl Fam e g
prese ice as heariaE On th- coniem atei !
marriage. In nv 0pia aion ID is Ferg imD1r-
ts~t Tor v0u 20 determine fns point csre-
fully hecsuse IN it "a ais0 iarveiv i1voi 70 I
-be Que.tluu whether thers va a breach of
tie contract. And in speazinr 81 be sus-
lec- generally The igry should ir p-os-'i z
20 iai a verficr nrst satisfy the 0se. rss sn /
determine VAst abe eoatart was fa f1a
beFinninz a1t 81 mAii iet sfterwtrds how
nri Ted if v4n ffil fn g. rhis SON pro-
cs IS rs i1s 8srs e4d ara w5-a Kelly 20
stumble iato error raan to Sees in fas ~ f1.
Sec lrtly y--isaVirg ascer-atnei sasf che
contract was f0G ere Eext f1 te erssiae
wleih fta 81 euleH, h8 8s -ea'st e breach
~ 81 Eais vf.i lsur. Iea es nlsf ~ gi
iees 7iiirutr ali8 sou faAa tde 3 ies. an
whFt -lt -snf-aet VS.. fe.a1sa tae d-f4f
m ftiln 81 ffis lscs i.ln s,fassf nerssstril r
ieats 80 a >8'Iti1a ~ the -sel0f ise s. rY
n4ri. u Ebe fsf fiefs ess n-cn ost. -
~ = ~ BE d-ie1ttlt ffAfi1f fsfsr.a asI
Ntaf lfe rrfrfes r1s. 81 Fas firf % .gs